- (1.) Heard Sri Dileep Kumar, learned counsel for the petitioner and Sri J. K. Upadhyay, learned A. G. A. for the State.
(2.) Petitioner, Krishna Chandra Singh has filed this writ petition assailing the order dated 1.9.2012 passed by S. S. P., Basti (Annexure 1 to the writ petition) rejecting the representation filed by the petitioner before him with the prayer for closing the History sheet No. 78A opened against the petitioner at P. S. Nagar, District-Basti. Brief facts of the case are that history sheet No. 78-A was opened against the petitioner at P. S.-Nagar, district-Basti by the concerned police authority on the basis of registration of four cases namely Case Crime No. 425-A /92 under Sections- 147, 323, 325, 366 and 355 I. P. C., Case Crime No. 193A/92, under Sections-147, 37, 452, 325, 336, 504 and 506 I. P. C, Case Crime No. 239 of 1993, under Sections-147, 148, 149, 30, 323, 504 and 506 I. P. C., Case Crime No. 3 of 1982, under Sections-147, 323, 352 and 506 I. P. C and Beat Information No. 7 dated 28.9.2007 through S. O. Kallicharan.
(3.) The petitioner had earlier challenged the history sheet No. 78-A opened against him at P. S. Nagar, district-Basti before this Court by means of Criminal Misc. Writ Petition No. 8030 of 2010 which was finally disposed of by another Division Bench of this Court on 13.5.2010 by the following order: "The petitioner by means of the present petition challenged the validity of maintaining the history sheet No. 78-A opened by the police of P.S. Nagar District Basti against the petitioner. We have heard learned counsel for the petitioner and also learned A.G.A. It would appear from the record that the police of Sector 58 Noida opened the history sheet of the petitioner on the basis of five cases registered at case crime no. 425-A/76 under sections 147, 323, 325, 366, 452 I.P.C., Case crime No. 193-A/92 under section 147, 307, 452, 323, 336, 504, 506 I.P.C., Case crime no. 239 of 1993 under sections 147, 148, 149, 30, 323, 504, 506 I.P.C., Case crime no. 3/82 under sections 147, 323, 352, 504 I.P.C. and Beat Information No. 7 dated 20.9.2007 through S.O. Kalicharan. The argument of the learned counsel for the petitioner that the history sheet of Class A can be opened when it has been established by suspicion or conviction that a suspect is an active and prominent member of a gang of dacoits. It is further argued that mere suspects should not be starred until established that one has become dangerous and confirmed criminals and is unlikely to reform. The next contention is that the case of the petitioner is not covered by paragraph 228 of the U.P. Police Regulations. Per contra, learned A.G.A. drew attention of the court to the decision in Chaman Lal V. State of U.P, 1992 Supp2 SCC 84 and suggested that the matter should be relegated to authority concerned for deciding whether the history should be closed or should be continued. We are also of the view that the interest of justice would be best served if the matter is relegated to the police authority to take appropriate decision in the matter. In view of the above, it is directed that in case the petitioner prefers a representation before the concerned S.S.P. /S.P. alongwith a self attested copy of the writ petition within two weeks from today, the authority concerned shall consider it according to law and pass appropriate order within two months. The petition is disposed of in terms of the above directions.";